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Steelman v. Pasadena Bayshore Hospital3/12/1997
03/12/1997
Delivered and Filed: March 12, 1997
AFFIRMED
Plaintiffs Beatrice Steelman and John V. Steelman appeal from a take nothing judgment. Plaintiffs' attorney, W. Jiles Roberts, also appeals the judgement of sanctions against him and the denial of a motion to recuse the trial judge. United States Fire Insurance Company, the intervenor, joins the appeal.
The physician for Beatrice Steelman ordered her to undergo outpatient physical therapy with traction following an on-the-job injury. Having received outpatient therapy for several months, Steelman arrived for her regular physical therapy session at Pasadena Memorial Hospital in Houston on June 19, 1991. In the therapy room the assistant physical therapist, Bernadette Ward, told her to change into a hospital gown while the attendant waited outside. Ward reentered and saw Steele step on a traction flexion stool on the floor at the head of the therapy table. Before Ward could warn her, the pedestal broke. The plaintiff's foot slipped off, but Ward grabbed her around the waist, preventing a fall.
The evidence shows that the traction flexion stool is not designed as a step-stool. With a single adjustable pedestal and a padded vinyl top, its purpose is to support a patient's legs during traction therapy and while ropes and weights are positioned for therapy. The single pedestal stool replaced the previous four-legged stool about 20 years ago.
The physical therapist, Frances Fraser, asked plaintiff if she wanted to be examined in the emergency room, but she declined and proceeded with therapy. Later, however, she experienced some pain and asked to be examined. The ER physician examined her, had x-rays taken, and then discharged her as having no objective evidence of an injury. The plaintiff continued with the therapy sessions at the Hospital for several months.
On September 18, 1992, Steelman and her husband, John, filed suit against the defendants, Pasadena Memorial Hospital (Hospital), alleging negligence by Ward and Fraser in caring for her, and against Chattanooga Group, Inc. d/b/a Chattanooga Corp. (Chattanooga), for negligence in defectively designing, manufacturing, and marketing the flexion stool and for failure to warn of the hazards.
The jury failed to find that any negligence of the Hospital or Chattanooga caused the occurrence at issue or that the flexion stool was defectively designed. The jury found that Steelman's negligence alone caused the occurrence. Therefore, the jury did not answer the damages questions. The sufficiency of the evidence to support the verdict and judgment is not challenged.
Events Preceding Trial
Judge Brister entered a pretrial docket control order setting deadlines for designating witnesses, completing discovery, and finalizing pleadings. At the pretrial hearing on February 18, 1994, Mrs. Steelman moved for a continuance based on her husband's illness (heart problems). The trial judge stated:
Okay. That's denied. The case has been on file for 16 months. But, he didn't enter the hospital until the last week or two. That's not going to affect discovery trial preparation. And obviously, it's a different matter whether we can go to trial without him. We'll figure that out later. But, we're just doing pretrial conference, admitting exhibits, and going through the list of witnesses.
[Plaintiffs' counsel did not have the plaintiffs' exhibits.] If you want to get exhibits together you should have done that a year and a half ago when you filed the case rather than leave it sitting around...and then a month before trial decide you're going to get your exhibits together.
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